Service Stream Maintenance Pty Ltd

[2022] FWCA 4025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Service Stream Maintenance Pty Ltd

(AG2022/4682)

Service Stream Maintenance - South East Water - Civil Maintenance - Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 17 NOVEMBER 2022

Application for approval of the Service Stream Maintenance - South East Water - Civil Maintenance - Enterprise Agreement 2022.

Service Stream Maintenance Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Service Stream Maintenance - South East Water - Civil Maintenance - Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 17 November 2022 and, in accordance with s.54, will operate from 24 November 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Service Stream Maintenance Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Service Stream Maintenance – South East Water – Civil Maintenance – Enterprise Agreement 2022. The application was opposed by the Electrical Trades Union of Australia (ETUA). The FWC was required to decide whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issue was whether the enterprise agreement provided for the employees' pay and conditions in a fair and reasonable manner. The ETUA argued that the agreement did not adequately protect the employees' rights and entitlements, particularly in relation to overtime and shift penalties. Service Stream Maintenance Pty Ltd contended that the agreement was fair and reasonable and provided for the employees' pay and conditions in an efficient and effective manner.

The FWC found that the enterprise agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The FWC considered the parties' submissions and the evidence presented, including the parties' bargaining histories and the economic and operational context of the agreement. The FWC was satisfied that the agreement provided for the employees' pay and conditions in a fair and reasonable manner and that it would promote harmonious, productive and cooperative workplace relations.

The FWC approved the Service Stream Maintenance – South East Water – Civil Maintenance – Enterprise Agreement 2022. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement. The ETUA's application to oppose the agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established